July 22, 2025
Mr. Bacon (for himself and Mr. Nadler) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
To promote and protect from discrimination living organ donors.
Section 1. Short title
This Act may be cited as the Living Donor Protection Act of 2025
.
Sec. 2. Prohibition on denial of coverage or increase in premiums of life or disability insurance for living organ donors
(a) Prohibition
Notwithstanding any other provision of law, an insurer shall not deny coverage, cancel coverage, refuse to issue, determine the price or premium for, or otherwise vary any term or condition of a life insurance policy, disability insurance policy, or long-term care insurance policy for a person based solely, and without any actual, unique, and material actuarial risks, on the status of such person as a living organ donor.
(b) Enforcement
A State insurance regulator may take such actions to enforce subsection (a) as are specifically authorized under the laws of such State.
(c) Definitions
In this section:
(1) Disability insurance policy
The term disability insurance policy means a contract under which an entity promises to pay a person a sum of money in the event that an illness or injury resulting in a disability prevents such person from working.
(2) Life insurance policy
The term life insurance policy means a contract under which an entity promises to pay a designated beneficiary a sum of money upon the death of the insured.
(3) Living organ donor
The term living organ donor means an individual who has donated all or part of an organ and is not deceased.
(4) Long-term care insurance policy
The term long-term care insurance policy means a contract for which the only insurance protection provided under the contract is coverage of qualified long-term care services (as defined in section 7702B(c) of the Internal Revenue Code of 1986).
Sec. 3. Updating of educational materials on the benefits and risks of living organ donation
(a) Educational materials
(1) Review and updating
Not later than 6 months after the date of enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the Secretary
) shall review and update materials related to living organ donation in order to educate the public on—
(A)
the benefits and risks of living organ donation; and
(B)
the impact of living organ donation on the access of a living organ donor to insurance.
(2) Information on statutory changes
Such updating shall include information on the changes made by section 2 of this Act.
(b) Methods of updating
In carrying out subsection (a), the Secretary shall update, as appropriate—
(1)
Public Service Announcements previously provided by the Secretary;
(2)
publicly accessible websites (such as organdonor.gov, or a successor website) that are maintained by the Secretary and that contain information and resources regarding living organ donation; and
(3)
other media determined appropriate by the Secretary.